Substantial Change In Circumstances

692 Florida cases classified under this topic, plus 139 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Dobbins v. Dobbins
  584 So. 2d 1113· Fla. 1st DCA· 1991-08-21 ·cited 33×
  A Florida appellate court reversed a trial court's modification of child custody that shifted primary physical custody from the mother to the father during the school year. The court found the trial court abused its discretion by relying on unsupported factual findings and priori
• Newsom v. Newsom
  759 So. 2d 718· Fla. 2d DCA· 2000-04-28 ·cited 32×
  Jennifer Newsom challenged a trial court order modifying custody of the parties' minor child to award primary residential responsibility to the father. The Florida appellate court reversed, holding that the trial court abused its discretion by finding a substantial change in circ
• Landingham v. Landingham
  685 So. 2d 946· Fla. 1st DCA· 1996-12-20 ·cited 32×
  Angela Landingham appealed a trial court order that changed primary physical residence of her minor daughter to the former husband, denied her petition to remove a relocation restriction, and found her in contempt. The court reversed all three holdings, finding that the former wi
• Sanchez v. Hernandez
  45 So. 3d 57· Fla. 4th DCA· 2010-09-08 ·cited 31×
  Sandra Sanchez appeals a trial court decision that modified primary residential custody of her daughter from the mother to the father. The appellate court reversed, holding that the father failed to meet the extraordinary burden required to show a substantial and material change
• Ward v. Espy E. Ward
  502 So. 2d 477· Fla. 3d DCA· 1987-01-27 ·cited 31×
  A voluntary retirement, not caused by circumstances beyond one's control, does not excuse a party from their alimony and health insurance obligations established in a final judgment of dissolution.
• Doran v. Doran
  212 So. 2d 100· Fla. 4th DCA· 1968-06-05 ·cited 31×
  A divorced wife appeals an order modifying custody of two minor children from her to the ex-husband, imposed after the wife was found in contempt for harassing the husband and denying him visitation rights. The court reversed the custody transfer, holding that while contempt was
• Rahn v. Rahn
  768 So. 2d 1102· Fla. 2d DCA· 2000-05-17 ·cited 30×
  Robert Rahn appeals the trial court's denial of his petition to modify alimony following his job loss. The court affirmed, finding that Rahn failed to demonstrate a permanent, involuntary change in circumstances warranting modification because his decision to decline a job transf
• Pitts v. Richmond B. Pitts
  626 So. 2d 278· Fla. 1st DCA· 1993-11-02 ·cited 30×
  A former wife appealed two child support modification orders, challenging the trial court's failure to make increases retroactive, deny attorney's fees, and improperly reduce support. The former husband cross-appealed the first increase for exceeding guidelines without explanatio
• Johnson v. Johnson
  386 So. 2d 14· Fla. 5th DCA· 1980-06-11 ·cited 30×
  In this divorce modification case, the Florida appellate court reversed the trial court's termination of permanent alimony, holding that a former wife's modest income increase and self-sufficiency did not constitute a substantial change in circumstances sufficient to modify an ag
• Miller v. Miller
  671 So. 2d 849· Fla. 5th DCA· 1996-04-12 ·cited 29×
  In this family law appeal, the Florida District Court of Appeal reversed a trial court's modification of child custody from father to mother, holding that the trial court committed reversible error by refusing to allow cross-examination of the Guardian Ad Litem whose report was p
• Mirth K. Brown v. Brown
  440 So. 2d 16· Fla. 1st DCA· 1983-10-26 ·cited 29×
  In this family law case, a Florida court modified a Maryland divorce decree by terminating the husband's alimony obligation and reducing child support based on his substantial change in financial circumstances. The appellate court affirmed the modifications but reversed on the is
• Hutchins v. Hutchins
  220 So. 2d 438· Fla. 2d DCA· 1969-03-14 ·cited 29×·via Material Change In Circumstances
  A father's improved financial circumstances alone are insufficient to modify a child custody order when the mother remains fit.
• Zeballos v. Alba P. Zeballos
  951 So. 2d 972· Fla. 4th DCA· 2007-03-14 ·cited 28×
  Raul Zeballos appeals a trial court order that reduced but did not terminate his alimony obligation to his former wife. The appellate court agreed that given his impending retirement at age 65 and his former wife's financial support by a long-term live-in fiancé, the trial court
• Charlana M. Blosser v. Blosser
  707 So. 2d 778· Fla. 2d DCA· 1998-01-09 ·cited 28×
  Mother appeals a trial court order modifying primary residential custody of the parties' child from Mother to Father. The appellate court reverses, holding that Father failed to meet the two-prong test required for custody modification: demonstrating both a substantial change in
• Langford v. Ortiz
  654 So. 2d 1237· Fla. 2d DCA· 1995-05-10 ·cited 28×
  A father appealed a trial court's order establishing rotating custody of the parties' young daughter between Florida and North Carolina on alternating six-month periods. The appellate court reversed, holding that rotating custody is presumptively not in the child's best interest
• Nury Agudo v. Marcelo Agudo
  411 So. 2d 249· Fla. 3d DCA· 1982-03-02 ·cited 28×·via Substantial And Material Change In Circumstances
  A Florida appellate court reversed a trial court order that changed temporary custody of a 17-month-old child from the mother to the father in a dissolution of marriage case. The court held that while interlocutory custody orders may be modified without showing a substantial chan
• Avery v. Avery
  314 So. 2d 198· Fla. 1st DCA· 1975-06-16 ·cited 28×
  In this custody modification case, the Florida appellate court reversed the trial court's decision to modify custody from the mother to the father and vacated the trial court's award of the mobile home to the mother. The court held that the father failed to demonstrate the substa
• Vazquez v. Vazquez
  626 So. 2d 318· Fla. 5th DCA· 1993-11-12 ·cited 27×
  In this family law appeal, a Florida court reversed a temporary custody modification order, finding that the trial judge violated due process by preventing the custodial mother from presenting witnesses and testimony at the hearing. The court held that custody modification requir
• McGLAMRY v. McGLAMRY
  608 So. 2d 553· Fla. 4th DCA· 1992-11-18 ·cited 27×
  An incarcerated father appealed a trial court order that vacated a temporary visitation agreement allowing him biweekly visitation with his child. The Fourth District Court of Appeal reversed, holding that the trial court erred by vacating the visitation order without the father'
• Satterfield v. Satterfield
  39 So. 2d 72· Fla.· 1949-02-25 ·cited 27×·via Changed Financial Circumstances
  The court reviewed a contempt order against a father for failing to pay alimony and child support. The court granted a writ of certiorari, quashed the contempt order, and discharged the father, finding that his financial inability to pay was not clearly established as willful ref
• Burkley v. Burkley
  911 So. 2d 262· Fla. 5th DCA· 2005-09-30 ·cited 26×
  Joseph Burkley appeals a modification of child support that retroactively imputed income to him based on alleged voluntary underemployment while he pursued vocational rehabilitation education. The Fifth District Court of Appeal reversed, holding that the trial court erred by appl
• Sinclair v. Sinclair
  804 So. 2d 589· Fla. 2d DCA· 2002-01-18 ·cited 26×
  Tina Sinclair appeals a trial court's decision denying her request for primary residential custody of her three children, who had lived with their paternal grandmother since 1991. The court affirmed, finding that the existing arrangement was in the children's best interests and t
• Mast v. Reed
  578 So. 2d 304· Fla. 5th DCA· 1991-03-14 ·cited 26×
  In this custody modification case, the Florida Fifth District Court of Appeal reversed the trial court's decision to award primary custody to the father, holding that the father failed to establish grounds for modifying the original custody arrangement. The court found the trial
• The Lackawanna Leather Co. v. Martin & Stewart, Ltd.
  730 F.2d 1197· 8th Cir.· 1984-03-30 ·cited 26×·via Substantial Change In Condition
  The court held that the jury's verdict was supported by sufficient evidence and that the trial court's jury instructions were adequate, affirming the judgment.
• Fla. Dep't OF Health & Rehabilitative Servs. v. Ciferni
  429 So. 2d 92· Fla. 2d DCA· 1983-04-06 ·cited 26×
  The court held that the Uniform Reciprocal Enforcement of Support Act does not permit conditioning child support payments on visitation, nor does it allow for annual disbursement of monthly support payments.
• Lacy v. Lacy
  413 So. 2d 472· Fla. 2d DCA· 1982-05-05 ·cited 26×
  William Lacy appeals a modification order increasing child support from $25 to $32.50 per week per child. The appellate court reverses, holding that modification of a child support agreement requires a substantial change in circumstances, which the former wife failed to demonstra
• Ragle v. Ragle
  82 So. 3d 109· Fla. 1st DCA· 2011-08-15 ·cited 25×·via Substantial And Material Change In Circumstances
  A former husband appeals a trial court's modification of custody following the parties' 2008 divorce, challenging the court's finding that his relocation of the children from Clay County to St. Johns County (28 miles away) constituted a substantial and material change in circumst
• Sullivan v. Sullivan
  736 So. 2d 103· Fla. 4th DCA· 1999-06-23 ·cited 25×
  The court held that the trial court did not err in modifying custody based on the wife's demonstrated inability to parent due to prescription drug abuse and instability, and that the wife's procedural argument regarding time limits was not preserved for appeal.
• Fabre v. Levine
  618 So. 2d 317· Fla. 1st DCA· 1993-05-07 ·cited 25×
  Katherine Fabre appealed a trial court's denial of her petition to relocate with her children to South Carolina and its award of only 60% of her attorney's fees. The court affirmed the denial of relocation but reversed the partial fee award, holding that attorney's fees in domest
• Encarnacion v. Encarnacion
  877 So. 2d 960· Fla. 5th DCA· 2004-07-30 ·cited 24×
  Nelson Encarnación appeals a modified final judgment of dissolution that changed the equitable distribution of marital property, awarding both the marital residence and condominium to his former wife Lillian instead of adhering to their settlement agreement. The court reverses, h
• Francine T. Brock v. Brock
  682 So. 2d 682· Fla. 5th DCA· 1996-11-08 ·cited 24×
  In this family law appeal, the former wife sought to extend or convert rehabilitative alimony to permanent alimony after suffering a post-dissolution automobile accident that rendered her unable to work. The appellate court affirmed the trial court's denial, holding that rehabili
• State v. Sumblin
  675 So. 2d 691· Fla. 1st DCA· 1996-06-25 ·cited 24×
  The Florida Department of Revenue appealed the trial court's denial of a child support modification, arguing the court erred by relying solely on the custodial parent's voluntary underemployment without considering statutory guidelines and whether income imputation was appropriat
• Smoak v. Smoak
  658 So. 2d 568· Fla. 1st DCA· 1995-06-23 ·cited 24×·via Substantial And Material Change In Circumstances
  The Florida District Court of Appeal reversed a trial court's order modifying child custody from the mother to the father, holding that the father failed to meet his "extraordinary burden" of proving a substantial and material change in circumstances. The court rejected relying o
• Petty v. Eligia Jim Petty
  548 So. 2d 793· Fla. 1st DCA· 1989-09-06 ·cited 24×
  Former wife appeals trial court's order terminating permanent alimony by recharacterizing it as child support. The appellate court reverses, holding that the plain language of the property settlement agreement established permanent alimony terminable only by the wife's death or r
• Crippen v. Crippen
  508 So. 2d 1339· Fla. 4th DCA· 1987-07-01 ·cited 24×
  In this family law appeal, the Florida Fourth District Court of Appeal reversed a trial court's decision to change custody of two children from the mother to the father solely because the mother had frustrated the father's visitation rights through willful disobedience of court o
• Blocker v. Ferguson
  47 So.2d 694· Fla.· 1950-07-18 ·cited 24×·via Changed Financial Circumstances
  The Florida Supreme Court reviewed an order that granted a motion for a decree on a bill and answer, awarding $23,000 in past-due alimony to a former wife from her deceased ex-husband's estate. The court reversed, finding that the wife's 20-year delay in seeking payment, coupled
• Bainbridge v. Pratt
  68 So. 3d 310· Fla. 1st DCA· 2011-08-04 ·cited 23×
  The mother challenged a final judgment establishing an annual rotating parenting plan requiring a nine-year-old child with ADHD to move between homes 300 miles apart. The First District Court of Appeal reversed, finding the trial court violated due process by ordering a plan neit
• Ingrid BON v. Nestor A. Rivera
  10 So. 3d 193· Fla. 4th DCA· 2009-04-08 ·cited 23×
  The court held that a trial court errs in modifying custody without a proper pleading and finding of a substantial change in circumstances.
• Pamella Haas v. Haas
  552 So. 2d 252· Fla. 4th DCA· 1989-11-08 ·cited 23×
  This appeal involves a post-dissolution modification of alimony and disputes over the marital home and household goods. The court affirmed the trial court's reduction of alimony due to the husband's loss of medical privileges from alcoholism, but partially reversed regarding the
• Ludmila R. Ashburn v. Ashburn
  350 So. 2d 1158· Fla. 2d DCA· 1977-10-26 ·cited 23×
  Ludmila Ashburn appealed an order reducing her alimony from $400 to $300 per month based on her receipt of approximately $8,000 from the sale of the marital home. The court reversed the modification, holding that the sale of the marital home was contemplated in the original final
• Nicholson v. Nicholson
  311 So. 2d 676· Fla. 4th DCA· 1975-03-14 ·cited 23×
  A Florida appellate court reversed a trial court's modification of a divorce decree that transferred custody of a minor child from the mother to the father, finding no substantial change in circumstances warranted the custody modification. The court also vacated a contempt findin
• Antepenko v. Antepenko
  824 So. 2d 214· Fla. 2d DCA· 2002-07-17 ·cited 22×
  Richard Antepenko appealed the denial of his motion to reduce alimony payments to his ex-wife Eileen. The court found that Eileen's expenses had decreased by 38% since the last modification, constituting a substantial change in circumstances that warranted modification of the ali
• Kilgore v. Kilgore
  729 So. 2d 402· Fla. 1st DCA· 1998-12-28 ·cited 22×·via Substantial And Material Change In Circumstances
  In this domestic relations appeal, the First District Court of Appeal reversed a trial court's modification order that changed primary residential custody of two minor children from their mother to their father. The court held that the trial court failed to make an express findin
• Booker v. Booker
  636 So. 2d 796· Fla. 1st DCA· 1994-05-03 ·cited 22×
  Father and paternal grandparents appealed dismissal of their petition for visitation rights under the doctrine of forum non conveniens. The court reversed, holding that Florida retained jurisdiction under the Uniform Child Custody Jurisdiction Act and that the trial court abused
• Freeman v. Freeman
  615 So. 2d 225· Fla. 5th DCA· 1993-03-05 ·cited 22×
  A substantial reduction in income, even after business expenses, constitutes a sufficient change of circumstances for child support modification.
• Myrtice Jane Hayes v. Hayes
  578 So. 2d 54· Fla. 2d DCA· 1991-04-19 ·cited 22×
  A mother appealed an ex parte temporary injunction prohibiting her from removing her child from Polk County to relocate to Maryland for employment. The court reversed, holding that the father's verified petition failed to comply with Florida Rule of Civil Procedure 1.610 by not a
• Zipperer v. Zipperer
  567 So. 2d 916· Fla. 1st DCA· 1990-09-04 ·cited 22×
  In this alimony modification case, the Florida First District Court of Appeal reversed the trial court's denial of the former wife's petition to modify the permanent alimony award, finding that a substantial change in circumstances had occurred since the 1985 divorce judgment. Th
• Peisach v. Antuna
  539 So. 2d 544· Fla. 3d DCA· 1989-03-07 ·cited 22×
  Maria Peisach sought a protective order to prevent her ex-husband from deposing her former psychiatrist and gynecologists in a custody modification dispute. The Florida District Court of Appeal granted her petition, holding that depositions of a psychiatrist from seven years ago
• Tinsley v. Lowell Andrew Tinsley
  502 So. 2d 997· Fla. 2d DCA· 1987-02-18 ·cited 22×
  The court held that the husband failed to establish a substantial change in circumstances justifying a reduction in permanent periodic alimony, especially when the alimony was set by agreement.
• Singer v. Singer
  442 So. 2d 1020· Fla. 3d DCA· 1983-11-29 ·cited 22×
  The court held that the wife waived her right to argue that the alimony payments were non-modifiable or not true alimony due to her conduct over many years of post-decretal proceedings.